Common use of Adviser Liability Clause in Contracts

Adviser Liability. Except as otherwise provided by law, we (including our Investment Advisor Representatives, employees, affiliates, representatives, and agents will not be liable for (a) any loss that you may suffer by reason of any decision made or other action taken or omitted in good faith by us with that degree of care, skill, prudence, and diligence under the circumstances that a person acting in a fiduciary capacity would use, (b) any loss arising from our adherence to your written or oral instructions, (c) any act or failure to act by the Custodian, any Broker- Dealer to which transactions for the Account are directed, or by any non- party, or (d) any loss that you may suffer by reason of any decision made or other action taken by any Independent Manager. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that you may have under those laws.

Adviser Liability. Except as otherwise provided by law, neither we (including nor any of our Investment Advisor Representatives, employees, affiliates, representatives, representatives or and agents will not shall be liable for (a) any loss that you may suffer by reason of any decision made or other action taken or omitted in good faith by us with that degree of care, skill, prudence, and diligence under the circumstances that a person acting in a fiduciary capacity would use, , (b) any loss arising from our adherence to your written or oral instructions, (c) any act or failure to act by the Custodian, any Broker- Dealer to which transactions for the Account are directed, or by any non- non-party, or (d) any loss that you may suffer by reason of any decision made or other action taken by any Independent Manager. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that you may have under those laws.

Adviser Liability. Except as otherwise provided by law, neither we (including nor any of our Investment Advisor Representatives, employees, affiliates, representatives, representatives or and agents will not shall be liable for (a) any loss that you may suffer by reason of any decision made or other action taken or omitted in good faith by us with that degree of care, skill, prudence, and diligence under the circumstances that a person acting in a fiduciary capacity would use, (b) any loss arising from our adherence to your written or oral instructions, (c) any act or failure to act by the Custodian, any Broker- Broker-Dealer to which transactions for the Account are directed, or by any non- non-party, or (d) any loss that you may suffer by reason of any decision made or other action taken by any Independent Manager. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that you may have under those laws.

Adviser Liability. Except as otherwise provided by law, neither we (including nor any of our Investment Advisor Representatives, employees, affiliates, representatives, representatives or and agents will not shall be liable for (a) any loss that you may suffer by reason of any decision made or other action taken or omitted in good faith by us with that degree of care, skill, prudence, and diligence under the circumstances that a person acting in a fiduciary capacity would use, (b) any loss arising from our adherence to your written or oral instructions, , (c) any act or failure to act by the Custodian, any Broker- Broker-Dealer to which transactions for the Account are directed, or by any non- non-party, or or (d) any loss that you may suffer by reason of any decision made or other action taken by any Independent Manager. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that you may have under those laws.